How To Prove Cell Phone Liability in Texas Auto Accidents

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How To Prove Cell Phone Liability in Texas Auto Accidents

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When you are in a car accident and you suspect the other driver was distracted at the time of the accident, it can be challenging to prove. You’ve probably already been told that personal injury claims only succeed when there is sufficient proof that you are not at fault. You’ve probably also been told that showing that the other driver is negligent is your responsibility. If you aren’t sure how to do it, there’s good news. While it’s not always possible to prove a driver was distracted when they hit you, in many cases, it is. Doing so is much easier when you work with an experienced Dallas car accident attorney.

Did you know that distracted driving is one of the most common reasons for Texas car accidents? According to the Texas Department of Transport statistics, there were 537,475 car accidents in 2017. An estimated 110,000 of these accidents involved a distracted driver. Of the 110,000 Texas distracted driving accidents in 2017, 2,889 people were left with severe injuries, and there were 444 fatalities.

What is Distracted Driving?

In Texas, distracted driving is defined as driving while failing to concentrate sufficiently on the act of driving because something else has the driver’s attention. Distracted driving accidents happen for many reasons: eating or drinking while driving, talking to one of the passengers in the vehicle, dealing with an insect in the car, using the navigational system, doing hair or makeup while driving, reading, or looking at something outside of the car. In 2017, Texas passed a law banning texting while driving. While 80% of Texan drivers admit to using their cell phone for calls or texts while driving at one time or another, the new law has not resulted in very many citations.

Can You Prove Distracted Driving on Another Driver’s Part Through Cell Phone Records?

If a distracted driver hits you and you think the driver may have been texting or otherwise using their cell phone before hitting your vehicle, you may be able to make a personal injury claim. To claim the other driver was distracted due to cell phone use, you must prove they were using their cell phone, which may not be easy. Get in touch with an experienced Dallas car accident attorney to see if they can request the other driver’s cell phone records through the insurance adjuster during discovery. If the other driver or insurance company refuses to comply with the request, your personal injury attorney can have the records subpoenaed. When the case rests on the cell phone records, the subpoena request is usually granted.

If you have been in a car accident and you need help proving that the at-fault driver was using their cell phone when the accident occurred, please get in touch with the knowledgeable Texas personal injury attorneys at Hudson Law. We can help you navigate the process to defend your legal rights and protect your financial and medical interests.